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1. The Defendants shall jointly and severally pay to the Plaintiff KRW 1,980,000,00 and the interest rate from June 10, 2003 to the day of full payment.
Reasons
1. Facts of recognition;
A. The Defendants, as a couple in a de facto marital relationship, jointly manage a business entity (D Co., Ltd.) that manufactures and sells paper containers, grain areas, etc. for packaging from around 197, and supplied spores (P) and sporess (P) to E (F before the change) in which the Plaintiff was its partner.
B. From July 1997 to April 2001, the Defendants: (a) borrowed repeatedly money from the Plaintiff with the operating capital of the said company; (b) Defendant B, on October 10, 2002, issued to the Plaintiff a loan certificate stating that the Plaintiff borrowed KRW 1,580,000,000 from the Plaintiff; and (c) on October 23, 2002, the Defendants, on October 23, 2002, prepared a loan certificate stating that the debtor Defendant B and the joint guarantor as Defendant C borrowed KRW 40,00,000 from the Plaintiff and issued it to the Plaintiff.
(hereinafter referred to as “the loan certificate of this case”)
On June 3, 2003, the Plaintiff filed a lawsuit jointly and severally demanding the Plaintiff to pay the sum of KRW 1,980,000,000 as stated in the loan certificate of this case with the Gwangju District Court Decision 2003Gahap801, and the above court rendered a judgment accepting all the Plaintiff’s claims on September 3, 2004, and the above judgment became final and conclusive on September 23, 2004.
[Reasons for Recognition] Each entry of Gap's 1 to 3
2. Determination
A. According to the above facts finding as to Defendant B’s assertion, Defendant B and the Plaintiff are jointly and severally liable to pay to the Plaintiff the sum of KRW 1,980,000,000 (i.e., KRW 1,580,000,000) under the loan certificate of this case (i.e., KRW 400,000) and damages for delay, barring any special circumstance. Defendant B and the remainder of the loan borrowed to the Plaintiff after April 2001 was limited to KRW 70,000,000. The Plaintiff requested the Plaintiff to prepare and request a loan certificate of KRW 1,90,000,000 on his own around March 2002.